Post by nijhumnishita033 on Jan 11, 2024 10:15:44 GMT 2
The Second Chamber of the Constitutional Court in its ruling, whose speaker was Vice President Juan Antonio Xiol Ríos , has recognized that the right to effective judicial protection has been violated, in relation to the right not to be subjected to torture or inhuman or inhuman treatment. degrading, of a person confined in a penitentiary center. The plaintiff for protection reported having been subjected to mistreatment, considering that the judicial investigation does not reach the sufficiency and effectiveness required by constitutional jurisprudence in this type of case.
The case studied by the Second Chamber is the following: The appellant, who was serving a sentence in the isolation department of a penitentiary center , sent a letter to the court on duty stating that he Phone Number Data wanted to file a complaint for torture and ill-treatment that he said he had suffered at the hands of certain officials. The investigating judge initiated preliminary proceedings and ordered certain investigative activities such as taking the complainant's statement with legal assistance , obtaining reports from the penitentiary center on the reported events and any possible recordings, as well as the declaration of two of the officials as investigated.
Juan Antonio Xiol Ríos (Photo: TC) On the same day of the testimony of the investigated before the investigating court, an order was issued agreeing to the provisional dismissal because the perpetration of the crime did not appear to be duly justified. The judge argued both the contradictory versions of the parties and that a medical report did not state that the complainant had any injury compatible with the facts reported. The complainant filed an appeal , alleging that it was essential to clarify the facts to continue the investigation. To this end, he requested, among other measures, the identification and taking of a statement from a third official who had participated in the events, the provision of various medical reports and the testimony of three inmates who were identified in the complainant's statement as witnesses.
The case studied by the Second Chamber is the following: The appellant, who was serving a sentence in the isolation department of a penitentiary center , sent a letter to the court on duty stating that he Phone Number Data wanted to file a complaint for torture and ill-treatment that he said he had suffered at the hands of certain officials. The investigating judge initiated preliminary proceedings and ordered certain investigative activities such as taking the complainant's statement with legal assistance , obtaining reports from the penitentiary center on the reported events and any possible recordings, as well as the declaration of two of the officials as investigated.
Juan Antonio Xiol Ríos (Photo: TC) On the same day of the testimony of the investigated before the investigating court, an order was issued agreeing to the provisional dismissal because the perpetration of the crime did not appear to be duly justified. The judge argued both the contradictory versions of the parties and that a medical report did not state that the complainant had any injury compatible with the facts reported. The complainant filed an appeal , alleging that it was essential to clarify the facts to continue the investigation. To this end, he requested, among other measures, the identification and taking of a statement from a third official who had participated in the events, the provision of various medical reports and the testimony of three inmates who were identified in the complainant's statement as witnesses.